6050-6055

PENAL CODE
SECTION 6050-6055




6050.  (a) The Governor, upon recommendation of the secretary, shall
appoint the wardens of the various state prisons. Each warden shall
be subject to removal by the secretary. If the secretary removes him
or her, the secretary's action shall be final. The wardens shall be
exempt from civil service.
   (b) The Department of Personnel Administration shall fix the
compensation of the wardens of the state prisons.



6051.  The Inspector General may conduct a management review audit
of any warden in the Department of Corrections and Rehabilitation or
superintendent in the Division of Juvenile Justice. The management
review audit shall include, but not be limited to, issues relating to
personnel, training, investigations, and financial matters. Each
management review audit shall include an assessment of the
maintenance of the facility managed by the warden or superintendent.
The audit report shall be submitted to the secretary of the
department for evaluation and for any response deemed necessary. Any
Member of the Legislature or the public may request and shall be
provided with a copy of any audit by the Inspector General, including
a management review audit or a special audit or review. A report
that involves potential criminal investigations or prosecution or
security practices and procedures shall be considered confidential,
and its disclosure shall not be required under this section.



6053.  (a) All persons other than temporary appointees heretofore
serving in the state civil service and engaged in the performance of
a function transferred to the department or engaged in the
administration of a law, the administration of which is transferred
to the department, shall remain in the state civil service and are
hereby transferred to the department on the effective date of this
section, and their status, positions and rights shall not be affected
by their transfer and shall continue to be retained by them pursuant
to the State Civil Service Act. The director, pursuant to the State
Civil Service Act, shall be the appointing authority for the
department for all civil service positions except those civil service
positions in the Youth Authority. Positions not heretofore
established, which are exclusively for the California Institution for
Women or exclusively for the Youth Authority, shall be filled
pursuant to the State Civil Service Act.
   (b) Notwithstanding Section 18932 of the Government Code, the
maximum age shall be 35 years for any open examination for the
position of correctional officer, correctional program supervisor,
and other custodial positions which normally afford entry into the
Department of Corrections service, unless the applicant is already a
"state safety" member for the purpose of retirement and disability
benefits or was employed in a permanent, temporary, part-time, or
intermittent capacity with the department after July 1, 1973, but
before January 1, 1974.



6053.  (a) All persons other than temporary appointees heretofore
serving in the state civil service and engaged in the performance of
a function transferred to the department or engaged in the
administration of a law the administration of which is transferred to
the department shall remain in the state civil service and are
hereby transferred to the department on the effective date of this
section; and their status, positions and rights shall not be affected
by their transfer and shall continue to be retained by them pursuant
to the State Civil Service Act. The director, pursuant to the State
Civil Service Act, shall be the appointing authority for the
department for all civil service positions except those civil service
positions in the Youth Authority. Positions not heretofore
established which are exclusively for the California Institution for
Women or exclusively for the Youth Authority shall be filled pursuant
to the State Civil Service Act.
   (b) Any open examination for the position of correctional officer,
correctional program supervisor, and other custodial positions which
normally afford entry into the Department of Corrections service
shall require a demonstration of the physical ability to effectively
carry out the duties and responsibilities of the position in a manner
which would not inordinately endanger the health or safety of a
custodial person or the health and safety of others.



6055.  The Department of Corrections and the Department of the Youth
Authority may provide time off with pay to security and treatment
personnel who take courses approved by the departments on mental
health treatment related to their jobs. The departments may also
provide financial compensation to pay for the cost of such courses.